This Terms of Service ("Terms of Service" or "Terms") is a contract entered into by and between You ("you" or "your") and AIGlowTrack LLC ("AIGlowTrack," "we", "our", or "us") and our affiliates to the extent expressly stated in this agreement or a related Business Associate Agreement.

These Terms govern your access to and use of https://www.aiglowtrack.com (our "Website"), our AIGlowTrack mobile application (our "App"), our AI Skin Analysis Feature (as defined below), and any related software, application, content, functionality, and services (collectively, the "Services") offered by AIGlowTrack, whether as a guest or registered user ("User"). Users include: (i) individual consumers who self-register on the Services for personal aesthetic tracking, and (ii) individuals who use the Services in connection with seeking or receiving medical care from a licensed medical professional ("Healthcare Provider(s)").

This agreement is supplemented by and incorporates the following documents by reference, each of which forms an integral part of our Terms of Service:

1. Privacy Notice. Our Privacy Notice describes how we collect, use, and disclose your personal information. Available at https://www.aiglowtrack.com/privacy.
2. Provider Terms of Service. The Provider Terms of Service governs the use of our Services by Healthcare Providers.

Please read this Terms of Service carefully before you start to use or access our Services. This agreement is an electronic contract that sets out legally binding terms. You must accept the Terms to use the Services. By using the Services, including accessing the App or Website, you agree to be bound by these Terms. If you do not accept and agree to be bound by all of the terms within this Terms of Service or you do not meet or comply with its provisions, do not use our Services.

Users can access various features of the Services through the App or Website, including the Kesty AI (patent-pending) image processing feature to help Users track and understand skin changes ("AI Skin Analysis Feature"), a treatment tracking database where Users may record and share treatments and outcomes, and a Healthcare Provider search resource that enables Users to find Healthcare Providers.

If you are a User accessing the Services directly, please note that any health information you submit to the Services is not subject to the protections of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), because AIGlowTrack is not a "Covered Entity" or "Business Associate" (as those terms are defined under HIPAA) in that context. If you are using the Services as part of a relationship with a Healthcare Provider, and you are submitting health information on behalf of or at the direction of that Healthcare Provider, AIGlowTrack may act as the provider's Business Associate. In such cases, AIGlowTrack will take all necessary steps to comply with HIPAA, which include, but are not limited to, entering into a Business Associate Agreement with the relevant Healthcare Provider.

We offer the ability for Users to register for an Account ("Account") on the Services. Account registration for Healthcare Providers is subject to the Provider Terms of Service. Registered Users will be able to access the full array of features found on our platform. In order to register an Account, you will be asked to provide registration information, including your username and email address, when signing up for an Account. To delete your Account, access the Account settings or contact support@aiglowtrack.com.

Your registration and use of an Account are also governed by our Privacy Notice, as applicable. Please see our Privacy Notice to learn more about the information we collect and how we use it.

You are responsible for maintaining the security and confidentiality of your Account information, including your password. You agree that you are solely responsible for any and all losses incurred by us or any other user or visitor to the Services due to someone else using your Account as a result of your failing to keep your Account information secure and confidential. You acknowledge that AIGlowTrack is not responsible for third-party access to your Account information or personal information that results from voluntary distribution or theft or misappropriation of your username or password or personal information. It is a condition of your use of the Services that all the information you provide on your Account will be correct, current, and complete.

You may be able to communicate with other Users, provide public feedback or ratings, upload facial photographs, health and treatment data uploaded to the Services ("Aesthetic Information") and otherwise post or upload content (collectively with Aesthetic Information, the "User Content") on or in connection with the Services. Please ensure your conduct and communications, including your User Content are accurate and respectful of others. User Content may be visible to all users on AIGlowTrack as well as members of the public. By providing any User Content on AIGlowTrack, or anywhere else on the internet you grant us and our affiliates, service providers, licensees, successors, and assigns an irrevocable, non-exclusive, royalty free, fully paid-up, perpetual, worldwide right and license to use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute your User Content. In accordance with Section 7.5, your User Content may be used for training our AI Skin Analysis Feature.

You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Terms of Service and you are liable for any damages arising from a violation of the Terms of Service. Notwithstanding any other agreement you may have with AIGlowTrack, your User Content is not confidential information and will not be treated as such by AIGlowTrack. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by AIGlowTrack. AIGlowTrack is not obligated to backup any User Content, and your User Content may not always be accessible. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

User Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent any User Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Services and researching and developing new ones. To ensure a safe and healthy environment, we have the right to:

1. Remove or refuse to post any User Content for any or no reason in our sole discretion.
2. Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms.
3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
5. Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, for any violation of these Terms.

Because we cannot control what Users may post or upload, we are not responsible or liable to you or any third party for any User Content posted by you or any users on the Services. Let us know of any violations of these Terms by contacting us at: support@aiglowtrack.com

You may use our Services only for lawful purposes and in accordance with these Terms of Service. You agree NOT to use the Services:

1. In any way that violates these Terms.
2. In a way that is inconsistent with the intended use of the Services.
3. In a way that may harm the reputation of AIGlowTrack or its affiliates.
4. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
5. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
6. To solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person's personal, proprietary, or private information without his or her permission;
7. To solicit money or other items of value from another user, whether as a gift, loan, or form of compensation.
8. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service.
9. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
10. To impersonate or attempt to impersonate AIGlowTrack, a AIGlowTrack employee, another user, or any other person or entity (including, without limitation, by using email addresses or Account names associated with any of the foregoing).
11. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm AIGlowTrack or users of the Services, or expose them to liability.

Additionally, you agree NOT to:

1. Make the functionality of the Services available to multiple users through any means.
2. Engage in Commercial Use or access the ServiceS for a competitive purpose, including copying, soliciting, competitive or market analysis, or any other use by a competitor.
3. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
4. Encourage, promote, or agree to engage in any activity that violates these Terms.
5. "Frame" or "mirror" any part of the Services or the Website.
6. Use another user's Account.
7. Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
8. Use or develop any third-party applications that interact with our Services or User Content information without our written consent.
9. Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
10. Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
11. Use any device, software, or routine that interferes with the proper working of the Services, including any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
12. Using the Services in order to damage AIGlowTrack, or any related websites, affiliates, or subsidiaries.
13. Using the Services to encourage, promote, facilitate, or instruct others to engage in illegal activity.
14. Probe, scan or test the vulnerability of our Services or any system or network.
15. Otherwise attempt to interfere with the proper working of the Services.

Any violation of these Terms of Service shall result in immediate Account termination without prior warning to you and without refund applied to your Account, except where refunds are sought for non-delivery or breach by AIGlowTrack. Additionally, any violation of these restrictions may further subject you to liability for violation of AIGlowTrack's intellectual property rights and further claims and damages. We may choose to suspend or terminate your Account or ability to access or use the Services at any time, in accordance with these Terms and applicable law, including for violations or misuse of the Services.

You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing your use of all Services. You may delete your Account by accessing your Account settings on the Website or App, or by contacting us at: support@aiglowtrack.com. If you delete your Account, AIGlowTrack may still retain certain information associated with your Account for analytical purposes and record-keeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our Services and our users, or take other actions otherwise permitted by law. As well, if certain information has already been provided to third parties as described in our Privacy Notice, retention of that information will be subject to those third parties' policies.

You may submit a payment in order to access and use the Services ("Payment"). You may submit Payments through payment platforms authorized by AIGlowTrack.

You hereby authorize AIGlowTrack as applicable, to run credit card authorizations on all credit cards provided by you and to charge your credit card, Apple Pay, and Google Wallet (or any other "Payment Method") for applicable fees, including taxes and service charges, and any other amounts owed under the Terms of Service. To the extent permitted by applicable law and subject to our Privacy Notice, you acknowledge and agree that we may use certain third-party providers and service providers, such as Stripe, to process payments and manage your Payment Method information.

We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

By providing Payment Method information through the Services and authorizing payments with the Payment Method, you represent, warrant, and covenant that: (a) you are legally authorized to provide such information; (b) you are legally authorized to make payments using the Payment Method(s); (c) if you are an employee or agent of a company or person that owns the Payment Method, that User is authorized by the company or person to use the Payment Method to make payments on the Services; and (d) such actions do not violate the terms and conditions applicable to User's use of such Payment Method(s) or applicable law. When a User authorizes a payment using a Payment Method via the Services, User represents and warrants that there are sufficient funds or credit available to complete the payment using the designated Payment Method.

You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by AIGlowTrack or its representatives or employees regarding future functionality or features.

The Services may contain links to third-party products or services, which may be posted by advertisers, our affiliates, our partners, or other users ("Third-Party Content"). Third-Party Content is not under our control, and we are not responsible for any of their products or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.

The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any content or information on the Services.

The Services help facilitate connections between Healthcare Providers and potential patients. Additionally, Healthcare Providers may display a seal indicating the use of our App within their practice. However, participation in our Healthcare Provider directory or display of seals in the App are paid marketing services and do not imply endorsement by AIGlowTrack of any Healthcare Provider or clinical validation of the Services, the AI Skin Analysis Feature, or any Output or results thereof.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.